INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
103. Burden of proof as to particular fact.
106. Burden of proof as to particular fact.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN EVIDENCE ACT, 1872
103. Burden of proof as to particular fact. ––The burden of proof as to any particular fact lies on
that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof
of that fact shall lie on any particular person.
Illustrations
1
[(a)] A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the
admission.
(b) B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.
Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
106. Burden of proof as to particular fact.—The burden of proof as to any particular fact lies on
that person who wishes the Court to believe in its existence, unless it is provided by any law that the
proof of that fact shall lie on any particular person.
Illustration.
A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove
the admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must
prove it.
Current law India Code — BSA 2023